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On The Administration Of Administration In China 's Judicial Reform

Posted on:2013-02-25Degree:MasterType:Thesis
Country:ChinaCandidate:W H SongFull Text:PDF
GTID:2176330422973011Subject:Administrative law
Abstract/Summary:PDF Full Text Request
The Chinese judicial reform, which has proceeded for more than30years, hasformed the basic target. It mainly embraces the direction on the reconstruction of thejudicial standard, the specific reform of trial and the reform of judicial system. Ourlegal system developed gradually during the recent twenty years. We established thescientific judicial idea and achieved good judicial effect.However, reviewing the judicial reform in these years, the reform process isstill slow, which is reflected by the slow pace of the judicial reform, the conservativereform idea, the unabated political color and getting into trouble again in the reformwork. In addition, there are a series of new problems in the reform process, forinstance, the reform of the court system and the reform of the procuratorial systemact separately; a lot of reform measures lack of unity, normalization andperspectiveness; the reform which is pushed out for not long falls into reform againawkwardly; many reform measures conflict with current laws and regulations; thelegality and the legitimacy of the reform are insufficient; the introduction of anumber of reform measures often focus on the "national first" to put forward thegoal and the task, while the process of task completion is caught in theadministrative; the developments of judicial reform in different regions are notbalanced; the progress of the implementation are various and the effects of reformmeasures are different, and so on.This paper starts with researching on the background and the significance of theissue. Firstly, it analyzes the specific performance of the administration of justice.Having its own administrative system in our judicial system, the administration ofmaterial guarantee and the administration of superior and subordinate have influenceon judicial practice, especially on the judicial independence, the judicial credibilityand the judicial efficiency. At last, the author puts forward the idea of eliminating theadministration of justice from three aspects which are the publicity of the process ofjudicial reform, the professionalization of the path of judicial reform and thescientization of the idea of judicial reform.
Keywords/Search Tags:judicial reform, administration of justice, professionalization
PDF Full Text Request
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